Professional Documents
Culture Documents
Nullification
A government held
to the principles of
its constitution.
Held?
By Who? (people),
or What? (of the jury)
even though in
direct opposition to
the direction of the
court [judge].
We recognize, as appellants urge, the
undisputed power of the jury to acquit, even
if its verdict is contrary to the law as given
by the judge and contrary to the evidence ...
If the jury feels that the law under which the
defendant is accused is unjust, or that
exigent circumstances justified the actions
of the accused, or for any reason which
appeals to their logic or passion, the jury
has the power to acquit, and the courts
must abide by that decision.
~ U.S. v. Moylan, 417 F.2d 1002, 1006
(4th Circuit Court of Appeals, 1969):
"That in criminal
cases, the law and
fact being always
blended, the jury, for
reasons of a political
and peculiar nature,
for the security of life
and liberty, is
entrusted with the
power of deciding
both law and fact."
~ Alexander Hamilton, 1st
Secretary of the Treasury
the jury is
entrusted with
the power of
deciding both
law and fact.
A Brief History
Not to be outdone,
the King of England
abolished trial by
jury for smuggling
cases, and
established special
courts to hear the
smuggling cases
without juries.
The American
Revolution was
fought, in part, to
preserve the right
of jury
nullification.
Because:
If a juror accepts as the law
that which the judge states,
then that juror has accepted
the exercise of absolute
authority of a government
employee, and has
surrendered a power and
right that once was the
citizen's safeguard of liberty.
(1788) (2 Elliots Debates, 94, Bancroft, History
of the Constitution, 267)
Uninformed Juror
Yes your Honor
Yes your Honor
God
Man
Constitution
Legislative
Executive
Judicial
Representatives Government
Senate Government
Executive Government
Judges Government
Jury People
As a result we
have been losing
the game, and it
could end up with
a final score of:
Government
People
But as to the
repeal of unjust or
unpopular laws,
legislators seldom
go back and
correct their
mistakes without
some prompting.
While it is within the proper role of the
legislature to pass laws, it is within the proper
role of the jury to veto laws which the jury
finds to be oppressive.
What is
our
solution?
Decide to stop
right here, and
quit playing the
part of a pawn
of the current
style judiciary
system, now in
place across
America
Make
a
U-turn
and educate
ourselves about
our duty as a trial
juror, and find
our way back to
performing these
duties as
intended.
Jury nullification
remains the law of the
land in every American
jurisdiction. The ruling
of Chief Justice
Vaughan in Bushell's
Case (1670), that the
jury can not be
punished for its verdict
stands today in every
jurisdiction, state and
federal.
Rising, or Setting,
Sun?
In 1787 at a Constitutional
Convention, Benjamin Franklin was
waiting to sign a document that
would hold the fate and destiny of
our nation. As he stood, his eyes fell
upon a carving on the back of
George Washington's chair, a
carving of half a sun. He stared
thoughtfully at it for a minute, then
proclaimed words that would be
remembered forever,
I have often looked at that
picture behind the president
without being able to tell whether it
was a rising or setting sun. Now at
length I have the happiness to know
that it is indeed a rising, not a
setting sun."
When Benjamin
Franklin exited the
Constitutional
Convention, he was
asked by a woman,
Sir, what have
you given us?
His immediate response was,
A Republic Maam, if you can keep
it.
A Suggestion
Read, Study, and Research all you can about the
founding of this great nation. Especially, The
Declaration of Independence, The Constitution,
the Founders, and their Intent.
You will find that the Declaration and the
Constitution will serve as our Ruby Slippers.
Remembe
r Dorothy
and Her
Ruby
Slippers?
and the surprised look on her face
when she learned she had the power
to go home all along.
Remember even
with all the power
possessed by the Wicked
Grant Yourself
Permission
Put the slippers on, keep them
on, and prevent our Witch from
continuing to attempt
to remove them.
In fact, DO NOT let the Witch
get near them!
Grant Yourself
Permission
We are not weak if we make a
proper use of those means which
the God of Nature has placed in
our power... the battle, sir, is not
to the strong alone it is to the
vigilant, the active, the brave.
~ Patrick Henry
Grant Yourself
Permission
Take Action
The argument today is not whether a jury
has the right to nullification, but whether
or not they should be told about that
right.
In todays judicial environment, dont
expect a courtroom attorney, or a judge to
instruct you on this right. In fact, if they
know you are a fully informed juror, you
may not get seated.
Stealth is the name of the game today.
Know your rights and quietly use them in
the deliberation room.
Take Action
An idea not coupled with action
will never get any bigger than the
brain cell it occupied.
~ Arnold H. Glasow
Take Action
One of the penalties for refusing
to participate in politics is that
you end up being governed by
your inferiors.
~ Plato
Take Action
Politics is too serious a matter to
be left to the politicians.
~ Charles de Gaulle
Take Action
The most important political office
is that of the private citizen.
~ Louis D. Brandeis
It does not
require a majority
to prevail, but
rather an irate,
tireless minority
keen to set brush
fires in people's
minds.
~ Samuel Adams
If Virtue &
Knowledge are
diffused
among the
People, they
will never be
enslaved. This
will be their
great
Security.
Source Information:
Fully Informed Jury Association
PO Box 5570
Helena, MT 59604
www.fija.org
University of Missouri Kansas City School of Law
www.law.umkc.edu/faculty/projects/ftrials/zenger/nullification.html
www.constitution.org/jury/pj/pj-us.htm
www.lysanderspooner.org
Book:
Jury Nullification, The Evolution of a Doctrine by Clay S. Conrad
Article:
Jury Nullification: Empowering The Jury As The Fourth
Branch Of Government by Justice William Goodloe